New Editions of N-400 Mandatory on December 23; Pro Bono Clinics Act as Preparer

By: Vishal Chander

Although USCIS has yet to publish the new edition of the form, USCIS will require naturalization applications be submitted on the December 23, 2016 edition of Form N-400 on and after December 23. USCIS will also require events like pro bono citizenship clinics to list the name of the organization and representative as the form preparer. The action will undoubtedly quell the ability of lawyers to provide pro bono seminars and clinics on naturalization.

In guidance issued on December 13, 2016, USCIS stated that on December 23, 2016, the newest version of Form N-400 will only be accepted.  Form N-400 is the government application form used for immigrants to apply for naturalization and become United States citizens.  December 23 coincides with the date of USCIS’ new fee schedule for immigration petitions and applications.  It is also the implementation date for USCIS’ three tier naturalization fee schedule.  As of the December 14, 2016, the new version of Form N-400 has not yet been published to the public through the USCIS website.

In the same guidance, USCIS stated that for applicants who receive help completing Form N-400 at an “immigration group processing event (such as a citizenship workshop or fair)”, the organization sponsoring the event will need to complete the “Preparer” section of the form.  The form will also need to be executed by a representative of the organization.  This requirement will likely have chilling effect on the ability of attorneys to provide free pro bono clinics to educate and assist individuals with the process of applying for naturalization because of the exposure to professional liability created.

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